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In re:Emiterio Minlay vs. Sandoval, et al.

IN RE: APPLICATION FOR REGISTRATION OF LAND TITLE. ALFONSO SANDOVAL, applicant, EMITERIO MINLAY, petitioner, vs. ALFONSO SANDOVAL and ROSA RUIZ, respondents.

G.R. No. L-28901 | 1973-09-04

D E C I S I O N

FERNANDO, J:
There would have been no necessity for the appeal from a lower court order of dismissal of a petition for relief from a judgment sustaining an application for registration on the ground of lack of merit had the judge been less precipitate in reaching such a conclusion. Precisely the point raised by petitioner Emiterio Minlay is that applicant Alfonso Sandoval, who with his spouse, Rosa Ruiz, are now appellees, allegedly committed parcel of land, owned and possessed by such petitioner, whose right thereto is that of a homesteader. At the very least then, there should have been a hearing on such an issue. The...